August 1, 2001
CLA-2-62:RR:NC:WA:357 H83370CATEGORY:CLASSIFICATIONTARIFF NO.:6201.93.3000; 6201.93.3511
Mr. Paul Cutler
Acadia
Division of Acten International, Inc.
661 A Pleasant Street
Norwood, MA 02062RE: The tariff classification of a man’s pullover windbreaker-type jacket from Thailand
Dear Mr. Cutler:
In your letter dated June 18, 2001, you requested a classification ruling.
The sample submitted, style number 01, is a man’s hip-length pullover windbreaker-type jacket that is constructed of a shell composed of a woven 210T 100% nylon taffeta fabric. In a phone conversation you indicated that the jacket has an acrylic coating for water resistance. The jacket is lined in the body with a woven 100% cotton fabric and in the sleeves with a woven 100% nylon fabric.
The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.
The jacket has an integral hood with a drawcord tightening; a partial opening at the neck that is secured by a zipper closure; long hemmed sleeves with elasticized cuffs; two front handwarmer pockets with zipper closures at the waist; a zipper opening on the left side seam; and a drawcord tightening through the bottom hem. The jacket also features a removable free-hanging contrasting color “chest strip” on the upper portion of the garment’s front panel. The strip of fabric covers a pouch pocket on the jacket’s front panel and is composed of a woven 100% nylon fabric that measures approximately 20-1/2 inches in width and 5-1/2 inches in length. The strip of fabric is attached to the jacket by a half zipper on the top portion of the strip to a half zipper on the upper portion of the jacket’s chest area and by three half hook and loop fasteners on the bottom of the strip to three half hook and loop fasteners on the center portion of the jacket’s front panel. The zipper attachment area is covered by an overlay of fabric that extends across the lower portion of the garment’s front yoke.
The jacket and the strip of fabric are adapted one to the other and are mutually complementary and are considered a composite good with the essential character imparted by the jacket. Consequently, if the jacket and the strip of fabric are imported together they are not regarded as separate items for duty or quota purposes.
This garment is eligible for classification as water resistant. If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem.
If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.2 percent ad valorem.
In your letter you also requested the classification of the “chest strip” when it is imported separately from the jacket. The applicable subheading for the chest strip if imported separately will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessoriesother than those of heading 6212: Accessories: Other: Other, Of man-made fibers.” The duty rate will be 14.9% ad valorem
The jacket falls within textile category designation 634. If the “chest strip” is imported separately, it falls within textile category designation 659. Based upon international textile trade agreements products of Thailand are presently subject to quota restraints and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-637-7076.
Sincerely,
Robert B. Swierupski
Director,